Madhya Pradesh High Court
Indrabhan Sen vs The State Of M.P. on 18 October, 2023
Author: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2113 of 2004
(INDRABHAN SEN AND OTHERS Vs THE STATE OF M.P.)
Dated : 18-10-2023
Shri N.S. Chouhan - Advocate for appellants.
Shri Dinesh Patel - Dy. Government Advocate for the respondent/State.
Appellants are produced by the escort in compliance of the arrest warrant
issued by this Court vide order dated 21.09.2023.
Their presence is marked and they be sent back to concerned jail for
undergoing the remaining jail sentence awarded to them by the trial court with
the same escort.
Heard on I.A. No.5857/2023, application for permission to change the
counsel.
On due consideration, the same is allowed.
Shri N.S. Chouhan, Advocate is permitted to now appear on behalf of
appellants.
Office is directed to reflect his name in the cause list.
Also heard on IA No.24999 of 2023, which is the second application
under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of
bail moved on behalf of appellants. Appellants are in jail. First application was
dismissed on 25.07.2015.
Appellant stood convicted under Sections 325/34 and 323/34 of the IPC
and sentenced to suffer R.I. for five years with fine of Rs.200/- and Rs.1000/-
with default stipulations vide judgment of conviction and order of sentence
dated 02.12.2004 passed by IInd Additional Judge to the Court of 1st ASJ,
Sidhi District, Sidhi in ST No.199/2002.
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 19-Oct-23
10:32:18 AM
Learned counsel for the appellants while seeking suspension of sentence
inter alia submitted that the trial Court without appreciating the evidence
wrongly convicted the appellants for the aforesaid offences. There are several
omissions and contradictions in the evidence adduced by the prosecution.
Appellants are in jail. Appeal is of the year 2004 and there is no likelihood of
appeal being taken up for final hearing. Under such circumstances, application
of appellant for suspension of sentence and grant of bail may be considered.
P e r contra, learned Dy. Government Advocate while opposing the
prayer, supported the judgment impugned. He contends that judgment
impugned is passed upon proper evaluation of evidence placed on record, so
the sentence of the appellants should not be suspended.
Upon hearing learned counsel for the parties though this Court refrain
from commenting upon rival contentions touching merits of the matter and the
appeal is of the year 2004 and there is no likelihood early hearing of the appeal
in near future, in the obtaining facts and circumstances, present appellant is held
entitled for suspension of jail sentence and grant of bail.
Accordingly, IA No.24999 of 2023 stands allowed and it is directed that
the jail sentence of appellants shall remained suspended and they be released
on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand Only) each with one solvent surety in the like amount to the
satisfaction of the trial Court subject to verification of factum regarding deposit
of fine amount. Appellants are directed to appear before the concerned trial
Court on 22.12.2023 and on other subsequent dates as may be fixed in this
behalf.
Accordingly, I.A.No. 24999 of 2023 stands allowed and disposed of.
Signature Not Verified
Certified copy as per rules.
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 19-Oct-23
10:32:18 AM
List the case for final hearing on 22.11.2023.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
DPS
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 19-Oct-23
10:32:18 AM
